Supreme Court of India · 2008-07-07
M/S. Asian Peroxides Ltd vs Commnr. Of Central Excise, Guntur
- Court
- Supreme Court of India
- Petitioner
- M/S. Asian Peroxides Ltd
- Respondent
- Commnr. Of Central Excise, Guntur
- Author
- Arijit Pasayat
- Bench
- Aftab Alam, P. Sathasivam, Arijit Pasayat
Judgment text excerpt
The Supreme Court addressed the eligibility for exemption under Notification No. 8/97-CE concerning Hydrogen Peroxide manufactured by a 100% Export Oriented Unit (EOU). The Court held that the materials in question were consumables and not raw materials, thus affirming the CESTAT's decision that the appellant was not entitled to the exemption. The ruling clarified the definitions of 'raw material' and 'consumable' as per the EXIM Policy and referenced the case of CCE v. Ballarpur Industries Ltd. to establish the legal principles regarding the classification of materials in manufacturing.